Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

(5) In discharging any function to which guidance under this section
relates, a local policing body or chief officer of police shall have regard
to the guidance.”

124 Power to give directions to the College

5After section 40B of the Police Act 1996 there is inserted—

“40C Power to give directions to College of Policing

(1) The Secretary of State may give a direction to the College of Policing
requiring it to exercise any particular function that is conferred on the
College by this Act or any other enactment.

(2) 10The College of Policing shall carry out such other duties for the purpose
of furthering the efficiency, effectiveness or integrity of the police as the
Secretary of State may from time to time direct.”

125 Charging of fees by the College

After section 95 of the Police Act 1996 there is inserted—

“95A 15Charging of fees by College of Policing

(1) The College of Policing may charge fees for providing services of a
public nature only if—

(a) the services are of a specified description and are provided with
a view to promoting the efficiency, effectiveness or
20professionalism of the police, and

(b) the fees are of a specified amount or are determined in a
specified manner.

(2) In this section “specified” means specified in an order made by the
Secretary of State.

(3) 25A statutory instrument containing an order under this section shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.”

126 Appointment of senior police officers as staff of the College

After section 100 of the Police Act 1996 there is inserted—

“100A 30 Appointment of senior police officers as staff of College of Policing

(1) This section applies where a person who—

(a) holds the office of constable with a rank above that of chief
superintendent, or

(b) hold that office and is eligible to be appointed to a rank above
35that of chief superintendent,

is appointed as a member of the staff of the College of Policing.

(2) The person continues to hold the office of constable while a member of
the staff of the College.

(3) On appointment—

(a) a person within subsection (1)(a) holds that office with the same
rank that the person held immediately before appointment, or
with whatever higher rank the College decides;

(b) a person within subsection (1)(b) holds that office with
5whatever rank, above that of chief superintendent, the College
decides.”

127 Disclosure of information to the College

After section 100A of the Police Act 1996 (inserted by section 126 above) there
is inserted—

“100B 10 Disclosure of information to College of Policing

A person who, apart from this section, would not have power to
disclose information to the College of Policing has power to do so
where the disclosure is made for the purposes of the exercise by the
College of any of its functions.”

128 15The College and the IPCC

In Part 2 of the Police Reform Act 2002 (complaints and misconduct), before
section 26C (inserted by section 11 of the Crime and Courts Act 2013) there is
inserted—

“26BA College of Policing

(1) 20The Commission and the College of Policing must enter into an
agreement for the establishment, in relation to members of the
College’s staff, of procedures corresponding or similar to those
provided for by or under this Part.

(2) An agreement under this section—

(a) 25must not be made or varied except with the approval of the
Secretary of State; and

(b) must not be terminated unless—

(i) it is replaced by another such agreement, and

(ii) the Secretary of State approves.

(3) 30An agreement under this section may contain provision for enabling
the Commission to bring and conduct, or otherwise participate or
intervene in, any proceedings that are identified by the agreement as
disciplinary hearings in relation to members of the College’s staff.

(4) Procedures established in accordance with an agreement under this
35section shall have no effect in relation to anything done outside
England and Wales by any member of the College’s staff.”

Review bodies for police remuneration etc

129 Abolition of Police Negotiating Board for the United Kingdom

(1) The Police Negotiating Board for the United Kingdom is abolished.

(2) 40Sections 61 and 62 of the Police Act 1996 (the Police Negotiating Board for the
United Kingdom, and its functions with respect to regulations) are repealed.

(3) The Secretary of State may secure the reimbursement of payments made under
section 61(5) or (7) of the Police Act 1996 (payment by Scottish Ministers or
Department of Justice in Northern Ireland towards expenses incurred by the
Police Negotiating Board for the United Kingdom) to the extent that, by reason
5of the abolition of the Board, the payments are not needed.

130 Establishment of Police Remuneration Review Body

(1) After Part 3 of the Police Act 1996 there is inserted—

“ Part 3A The Police Remuneration Review Body

64A 10The Police Remuneration Review Body

(1) There shall be a body called the Police Remuneration Review Body.

(2) It shall consist of—

(a) a chair appointed by the Prime Minister, and

(b) five or more other members appointed by the Secretary of State,
15one of whom the Secretary of State may appoint as deputy
chair.

(3) Before making an appointment, the Prime Minister or the Secretary of
State shall consult the Department of Justice in Northern Ireland.

(4) The Secretary of State may by order—

(a) 20change the name of the body established by this section, and

(b) make consequential amendments to any provision contained in
or made under this or any other Act.

(5) A statutory instrument containing an order under subsection (4) shall
be subject to annulment in pursuance of a resolution of either House of
25Parliament.

(6) Schedule 4B shall have effect in relation to the Police Remuneration
Review Body.

64B Reports by the Police Remuneration Review Body

(1) The Police Remuneration Review Body shall consider and report on
30any matter referred to it by the Secretary of State that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) the issue, use and return of police clothing, personal equipment
35and accoutrements,

as regards members of police forces of or below the rank of chief
superintendent or police cadets appointed under section 28.

(2) A report under subsection (1) shall be submitted to—

(a) the Secretary of State, and

(b) 40the Prime Minister,

and the Secretary of State shall arrange for it to be published.

(3) The Police Remuneration Review Body shall also consider and report
on any matter referred to it by the Department of Justice in Northern
Ireland that relates to—

(a) hours of duty,

(b) 5leave,

(c) pay and allowances, or

(d) the issue, use and return of equipment,

as regards members of the Police Service of Northern Ireland of or
below the rank of chief superintendent, police trainees appointed
10under section 39 of the Police (Northern Ireland) Act 2000 or police
cadets appointed under section 42 of that Act.

(4) A report under subsection (3) shall be submitted to the Department of
Justice, and that Department shall arrange for it to be published.

(5) When referring a matter to the Police Remuneration Review Body, the
15Secretary of State or Department of Justice may give directions to that
body about—

(a) the time within which it must report;

(b) considerations to which it must have particular regard;

(c) the evidence that it must obtain;

(d) 20matters on which it is to make recommendations.

(6) The Police Remuneration Review Body may include in a report under
this section any recommendations it considers appropriate arising out
of matters referred to it under this section (whether or not it is required
to do so by a direction under subsection (5)).

(7) 25A reference or direction under this section may be varied or revoked.”

(2) After Schedule 4A to that Act there is inserted the Schedule set out in Schedule
6 to this Act.

(3) An order under section 182(7) may include provision requiring the first
members of the Police Remuneration Review Body to be, or to include, persons
30of a particular description.

131 Consultation about regulations: England and Wales

(1) After section 52 of the Police Act 1996 there is inserted—

“52A Regulations about hours, leave or pay: consultation etc

(1) This section applies where the Secretary of State is proposing to make
35regulations under section 50 or 52 on a matter that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) the issue, use and return of police clothing, personal equipment
40and accoutrements.

(2) In the case of regulations under section 50 concerning members of
police forces of or below the rank of chief superintendent, or
regulations under section 52, before making the regulations the
Secretary of State shall (subject to subsection (5))—

(a) refer the matter to the Police Remuneration Review Body under
section 64B(1), and

(b) consider that body’s report on the matter.

(3) In the case of regulations under section 50 concerning members of
5police forces above the rank of chief superintendent, before making the
regulations the Secretary of State shall (subject to subsection (5))—

(a) consider advice on the matter from the Senior Salaries Review
Body, or

(b) where subsection (4) applies, refer the matter to the Police
10Remuneration Review Body under section 64B(1) and consider
that body’s report on the matter.

(4) This subsection applies where—

(a) the regulations would affect members of police forces who are
not above the rank of chief superintendent as well as those who
15are, and

(b) the Secretary of State thinks that it would be preferable for the
matter to be considered by the same body.

(5) The duty to consider advice from the Senior Salaries Review Body or to
refer the matter to the Police Remuneration Review Body does not
20apply if the Secretary of State considers that—

(a) there is not enough time to do so because the need to make the
regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the
proposed regulations.

(6) 25In all cases, before making the regulations the Secretary of State shall
supply a draft of them to, and consider any representations made by,
persons whom the Secretary of State considers to represent the interests
of—

(a) the persons and bodies who between them maintain police
30forces;

(b) chief officers of police;

(c) members of police forces;

(d) police cadets appointed under section 28.

(7) The Secretary of State may by order amend this section in consequence
35of a change in the name or functions of the body for the time being
specified in subsection (3)(a).

(8) A statutory instrument containing an order under subsection (7) shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.”

(2) 40In section 63 of that Act (Police Advisory Board for England and Wales, etc), in
subsection (3)(a), for “regulations with respect to any of the matters mentioned
in section 61(1)” there is substituted “regulations of a kind referred to in section
52A(1)”.

(3) In section 1 of the Police Pensions Act 1976 (police pensions regulations)—

(a) 45in subsection (1), for “the Police Negotiating Board for the United
Kingdom” there is substituted “the appropriate advisory or negotiating
body”;

(b) after that subsection there is inserted—

“(1A) In subsection (1) above, “the appropriate advisory or
negotiating body” means—

(a) as regards England and Wales, the Police Advisory
5Board for England and Wales;

(b) as regards Scotland, the Police Negotiating Board for
Scotland.

(1B) When carrying out consultation under subsection (1) above as
regards England and Wales, the Secretary of State shall also
10invite the views of the Northern Ireland Policing Board and the
Police Association for Northern Ireland.”

(4) In section 52 of the Police Act 1996 (regulations for police cadets), at the end
there is inserted—

“(3) Before making regulations under this section relating to pensions the
15Secretary of State shall consult with the Police Advisory Board for
England and Wales and shall also invite the views of the Northern
Ireland Policing Board and the Police Association for Northern
Ireland.”

(5) In Schedule 3 to the Police and Justice Act 2006 (power to merge police pension
20schemes), in paragraph 3, for sub-paragraph (3) there is substituted—

“(3) The Secretary of State shall—

(a) consult with the Police Advisory Board for England and
Wales before exercising the power as regards England and
Wales;

(b) 25consult with the Police Negotiating Board for Scotland before
exercising the power as regards Scotland;

(c) consult with the Northern Ireland Policing Board and the
Police Association for Northern Ireland before exercising the
power as regards Northern Ireland.”

132 30Consultation about regulations: Northern Ireland

(1) In section 25 of the Police (Northern Ireland) Act 1998 (regulations for the
Police Service of Northern Ireland)—

(a) in subsection (8), the words “, other than regulations made by virtue of
subsection (2)(j), (k) or (l)” are omitted;

(b) 35after that subsection there is inserted—

“(9) Subsection (8) does not apply to—

(a) regulations made by virtue of subsection (2)(k), as to
which the Department of Justice shall invite the views of
the Police Advisory Board for England and Wales, or

(b) 40regulations made by virtue of subsection (2)(j) or (l), as
to which section 25A applies.”

(2) After that section there is inserted—

“25A Regulations about hours, leave, pay or equipment: consultation etc

(1) This section applies where the Department of Justice is proposing to
make regulations under section 25 by virtue of subsection (2)(j) or (l) of
5that section.

(2) In the case of regulations concerning officers of or below the rank of
chief superintendent, before making the regulations the Department of
Justice shall (subject to subsection (5))—

(a) refer the matter to the Police Remuneration Review Body under
10section 64B(3) of the Police Act 1996, and

(b) consider that body’s report on the matter.

(3) In the case of regulations concerning officers above the rank of chief
superintendent, before making the regulations the Department of
Justice shall (subject to subsection (5))—

(a) 15consider advice on the matter from the Senior Salaries Review
Body, or

(b) where subsection (4) applies, refer the matter to the Police
Remuneration Review Body under section 64B(3) of the Police
Act 1996 and consider that body’s report on the matter.

(4) 20This subsection applies where—

(a) the regulations would affect officers who are not above the rank
of chief superintendent as well as those who are, and

(b) the Department of Justice thinks that it would be preferable for
the matter to be considered by the same body.

(5) 25The duty to consider advice from the Senior Salaries Review Body or to
refer the matter to the Police Remuneration Review Body does not
apply if Department of Justice considers that—

(a) there is not enough time to do so because the need to make the
regulations is so urgent, or

(b) 30it is unnecessary to do so by reason of the nature of the
proposed regulations.

(6) In all cases, before making the regulations the Department of Justice
shall supply a draft of them to, and consider any representations made
by—

(a) 35the Board,

(b) the Police Association, and

(c) the Chief Constable of the Police Service of Northern Ireland.

(7) The Department of Justice may by order amend this section in
consequence of a change in the name or functions of the body for the
40time being specified in subsection (3)(a).”

(3) In section 41 of the Police (Northern Ireland) Act 2000 (police trainees and
police reserve trainees)—

(a) at the end of subsection (6) there is inserted “, other than regulations to
which subsection (8) applies”;

(b) after that subsection there is inserted—

“(7) Subsection (8) applies to regulations under subsection (3),
concerning police trainees, on a matter that relates to—

(a) hours of duty,

(b) 5leave,

(c) pay and allowances, or

(d) the issue, use and return of equipment.

(8) Before making any such regulations the Department of Justice
shall—

(a) 10(subject to subsection (9)) refer the matter to the Police
Remuneration Review Body under section 64B(3) of the
Police Act 1996 and consider that body’s report on the
matter, and

(b) supply a draft of the regulations to, and consider any
15representations made by—

(i) the Board,

(ii) the Police Association, and

(iii) the Chief Constable of the Police Service of
Northern Ireland.

(9) 20The duty in subsection (8)(a) does not apply if the Department
of Justice considers that—

(a) there is not enough time to refer to the matter to the
Police Remuneration Review Body because the need to
make the regulations is so urgent, or

(b) 25it is unnecessary to do so by reason of the nature of the
proposed regulations.”

Independent Police Complaints Commission

133 Application of IPCC provisions to contractors

In section 12 of the Police Reform Act 2002 (complaints, matters and persons to
30which Part 2 applies), at the end there is inserted—

“(8) The Secretary of State may make regulations providing that, for the
purposes of this Part and of any regulations made under this Part—

(a) a contractor,

(b) a sub-contractor of a contractor, or

(c) 35an employee of a contractor or a sub-contractor,

is to be treated as a person serving with the police.

(9) Regulations under subsection (8) may make modifications to this Part,
and to any regulations made under this Part, in its application to those
persons.

(10) 40In subsection (8) “contractor” means a person who has entered into a
contract with a local policing body or a chief officer to provide services
to a chief officer.”

134 Application to IPCC of provisions about investigation of offences

(1) In Schedule 3 to the Police Reform Act 2002 (handling of complaints and
conduct matters etc), paragraph 19 (investigations by the Independent Police
Complaints Commission itself) is amended as follows.

(2) 5In sub-paragraph (6), for the words from “provide that such provisions” to
“shall apply” there is substituted “provide that—

“(a)(a)such provisions of the 1984 Act relating to investigations of
offences conducted by police officers as may be specified in
the order, and

(b) 10such provisions of a code of practice under section 60, 60A or
66 of that Act as may be so specified,

shall apply”.

(3) After sub-paragraph (6) there is inserted—

“(6A) An order under sub-paragraph (6) may, in particular, provide that
15where a provision applied by the order allows a power to be
exercised only if an authorisation is given by a police officer of or
above a particular rank, the authorisation may be given by a member
of the Commission’s staff of or above a specified grade.”

135 Provision of information to IPCC

20After paragraph 19 of Schedule 3 to the Police Reform Act 2002 there is
inserted—

“Investigations by the Commission: power to serve information notice

19ZA (1) The Commission may serve upon any person an information notice
requiring the person to provide it with information that it reasonably
25requires for the purposes of an investigation in accordance with
paragraph 19.

(2) But an information notice must not require a person—

(a) to provide information that might incriminate the person;

(b) to provide an item subject to legal privilege within the
30meaning of the Police and Criminal Evidence Act 1984 (see
section 10 of that Act);

(c) to make a disclosure that would be prohibited by Part 1 of the
Regulation of Investigatory Powers Act 2000;

(d) to provide information that was provided to the person by, or
35by an agency of, the Government of a country or territory
outside the United Kingdom where that Government does
not consent to the disclosure of the information.

(3) Neither must an information notice require a postal or
telecommunications operator (within the meaning of Chapter 2 of
40Part 1 of the Regulation of Investigatory Powers Act 2000) to provide
communications data (within the meaning of that Chapter).

(4) An information notice must—

(a) specify or describe the information that is required by the
Commission and the form in which it must be provided;

(b) specify the period within which the information must be
provided;

(c) give details of the right of appeal against the information
notice under paragraph 19ZC.

(5) 5The period specified under sub-paragraph (4)(b) must not end before
the end of the period within which an appeal can be brought against
the notice and, if such an appeal is brought, the information need not
be provided pending the determination or withdrawal of the appeal.

(6) The Commission may cancel an information notice by written notice
10to the person on whom it was served.

Failure to comply with information notice

19ZB (1) If a person who has received an information notice—

(a) fails or refuses to provide the information required by the
notice, or

(b) 15knowingly or recklessly provides information in response to
the notice that is false in a material respect,

the Commission may certify in writing to the High Court that the
person has failed to comply with the information notice.

(2) The High Court may then inquire into the matter and, after hearing
20any witness who may be produced against or on behalf of the person,
and after hearing any statement offered in defence, deal with the
person as if the person had committed a contempt of court.

Appeals against information notices

19ZC (1) A person on whom an information notice is served may appeal
25against the notice to the First-tier Tribunal on the ground that the
notice is not in accordance with the law.

(2) If the Tribunal considers that the notice is not in accordance with the
law—

(a) it must quash the notice, and

(b) 30it may give directions to the Commission in relation to the
service of a further information notice.

Sensitive information: restriction on further disclosure

19ZD (1) Where the Commission receives information within sub-paragraph
(2) under an information notice, it must not disclose (whether under
35section 11, 20 or 21 or otherwise) the information, or the fact that it
has received it, unless the relevant authority consents to the
disclosure.

(2) The information is—

(a) intelligence service information,

(b) 40intercept information, or

(c) information obtained (directly or indirectly) from a
government department which, at the time it is provided to
the Commission, is identified by the department as